BILL NUMBER: AB 1050	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2009

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 27, 2009

   An act to amend Section 3042 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1050, as amended, Ma. Child custody: preferences of child.
   Existing law requires the family court, if a child is of
sufficient age and capacity to form an intelligent preference as to
custody, to consider and give due weight to the wishes of the child
in making an order granting or modifying custody.  The court
is required to control the examination of a child witness to protect
the best interests of the child, and may preclude the calling of the
child as a witness if it is in the best interest of the child.

   This bill would  make technical, nonsubstantive changes to
those provisions   require the family court to consider
and give due weight to the wishes of a child in making an order
granting or modifying custody, if the child is of  
sufficient age and capacity to form an intelligent preference as to
custody or visitation. The bill would provide, for purposes of this
provision, that a child shall be presumed to be of sufficient age and
capacity to form an intelligent preference if the child is 10 years
of age or older  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3042 of the Family Code is amended to read:
   3042.  (a) If a child is of sufficient age and capacity to reason
so as to form an intelligent preference as to custody  or
visitation  , the court shall consider, and give due weight to,
the wishes of the child in making an order granting or modifying
custody  , particularly if the health, safety, or welfare of the
child is at issue. A child shall be presumed to be of sufficient age
and capacity to reason so as to form an intelligent preference if the
child is 10 years of age or older.  .
   (b) In addition to the requirements of subdivision (b) of Section
765 of the Evidence Code, the court shall control the examination of
a child witness so as to protect the best interests of the child. The
court may preclude the calling of the child as a witness if the best
interests of the child so dictate and may provide alternative means
of obtaining information regarding the child's preferences.